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STAFF 0 <br />DATE: <br />In 1997 theEDAe <br />F &G, Inc. regaraclin <br />a <br />permanent image on <br />permission, if the project is r <br />calls for construction of a thii <br />permission for frnancirtg n+ <br />AGENDA IT 15' <br />tan Wessel <br />Consideration of Agreement rung to Development <br />act and Mortgage Financing, F & G, Inc.. {Apollo <br />Business <br />Park) <br />a devent agreement for financial assistance with <br />within TIF [7 strict 1 -7, the App Business Park. The <br />mof two~buildings•in °1997; and er third in 19N. <br />earl tort feted =std the develow has arranged for a <br />►raiedt. The development, agreement contains a provision <br />a ft ) against the-property without the =ERA's <br />►t c mplete Because the development agreement also <br />I building, which has not yet occurred, the FDA's" <br />This °a9 foc is on bra n rs. It partially subordinates the ERA's <br />dev lopment agreement th'F &G, Inc. to the new financing. This means that the new <br />mortgage wilt be treated as if had been recorded prior to the development agreement <br />The EDA's position with the developer will remain unchanged, and none of the °EDA's <br />significant protections will be weakened by this action. <br />The in the t concerns various representations about what has <br />or has not happened with to the projec t.'The ,is, s kingthe c; -for . <br />assurance that t erne haver t no v ons'of the development a Staftend <br />legaI counsel have re viewed fhe representations. The project has gone very well, the <br />but #ings are 'I00% wed excellent tenants, and, to staffs knowledge, there <br />are no defauks or vatrons <br />The action requested is EDA ipproval of the a rant. Acrcor+ding to legal counsel the <br />agreement is reasonable and represents stand ari pure for refrnantting <br />1. Authorize the `president and a ctive ;director to execute the agreement on if of <br />the EDA. <br />2..Retum`to s -forfurtherconsideration <br />Optkin 1 <br />